Sebelius v. Cloer
Respondent Dr. Melissa Cloer ("Cloer") was vaccinated against Hepatitis-B in 1996 and 1997. Subsequently, Cloer noticed an electric shock sensation go through her body and numbness in her arm and hand, which later medical exams identified as multiple sclerosis resulting from her vaccinations. Cloer filed a petition for compensation under the National Childhood Vaccine Injury Act of 1986. Although her petition was dismissed due to the expiration of the statute of limitations, Cloer believes she is entitled to, at a minimum, a reward of her attorneys' fees associated with the initial filing. Cloer contends that the text, structure, and purpose of the Vaccine Act support her claim that such costs can be awarded for untimely petitions. Petitioner Sebelius, Secretary of Health and Human Services, argues however, that the text, structure, and purpose of the Vaccine Act as well as three canons of construction prove that a person who files an untimely petition should not receive compensation. The Supreme Court's decision will affect the efficiency and timely resolution of petitions for compensation and reward of attorneys’ fees for vaccine-related injury claims. Moreover, the Court’s ruling will impact the confidentiality and privacy of claimants' medical histories and personal information.
Questions as Framed for the Court by the Parties
Issue
Is a claimant who filed a petition under the National Childhood Vaccine Injury Act of 1986 eligible to receive an award of reasonable attorneys’ fees and costs in connection with her lawsuit, given that the statute provides for recovery of attorneys’ fees, if a petition was brought on a reasonable basis and in good faith?
Edited by
- National Vaccine Injury Compensation Program, Injury Compensation
- Willamette University, Sebelius v. Cloer
- U.S. Court of Federal Claims, Vaccine Program/Office of Special Masters